Foley v. Osborne Court Condominium, 96-360 (1999)

DECISION

This matter is before the Superior Court on remand from the Rhode Island Supreme Court. The case originated in the Superior Court when plaintiff, James Foley, owner of two units in the Osborne Court Condominium, sought injunctive relief against the condominium association. Foley sought to enjoin foreclosure and auction of his condominium units. The defendant, Osborne Court Condominium, answered the complaint and filed a counterclaim against plaintiff.

At all times material hereto, plaintiff was the owner of two units of the Osborne Court Condominium. The declaration to create the…